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decision2023-06-20 – 2023-06-21E000120

Julius Mkhwanazi suspension uplifted and proceedings withdrawn

Following instructions from the City Manager and HOD HR, Julius Mkhwanazi's suspension was uplifted (20–21 June 2023) and internal disciplinary proceedings withdrawn (letter dated 22 June 2023), despite pending IPID recommendations and the April tribunal approval.

12 claims from testimony
"HR uplifted Brigadier Mkhwanazi’s suspension with immediate effect and directed him to resume duty"
action takenChief MapiyeyeCL0021685
"The effect of this letter was not to withdraw the disciplinary processes."
stated characterisationJabulani Isaac MapiyeyeChief MapiyeyeCL0021786
"I was instructed to withdraw the charges against Brigadier Mkhwanazi."
stated instructionJabulani Isaac MapiyeyeAdv Sello SCCL0021795
"it is dated the 22nd of June 2023"
"you have issued the letter to Brigadier Mkhwanazi and telling him that you have taken a decision to 'withdraw' internal investigation processes"
contentAdv Sello SCCL0021844
"his suspension was uplifted by Gxasheka"
performed byCommissioner Revo SpiesCL0023710
"a letter dated 21 June 2023, addressed to me"
dateAdv Harrison's letter to Lt-Gen MkhwanaziAdv Behari (Kemi)CL0054668
"to say I am withdrawing the investigation"
contentAdv Harrison's letter to Lt-Gen MkhwanaziAdv Behari (Kemi)CL0054669
"the three-month suspension was going to lapse on the 24th of May 2023."
lapse dateAdv Segeels-NcubeCL0054879
"The suspension was due to expire on 24 May 2023."
expiry dateMr NcizaCL0055468
"I will tell you why Gxasheka was involved. Because a week earlier, on the 15th, she had given an instruction that Mkhwanazi must be returned to his position."
involvement inMs Gxasheka (HOD HR)Adv Khumalo SCCL0055889
"The first one is at, was the letter of 20 June 2023 and is headed 'upliftment of suspension'"
headingAdv Chaskalson SCCL0070005